Terms and conditions

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, always indicated with a capital letter, are used in the following meaning.

1. Powersportcenter: a trade name of the private limited company Hajo Trade B.V., located at Lutkeberg 61, 7678 AJ te Geesteren, registered in the Trade Register under KvK-nummer 06064552.
2. Customer: any natural or legal person with whom Powersportcenter has entered into or intends to enter into an Agreement.
3. Consumer: a Customer, natural person, not acting in the exercise of a profession or business.
4. Parties: Powersportcenter and the Customer jointly.
5. Agreement: any agreement between Parties under which Powersportcenter undertakes to the Customer to sell and deliver Products and/or perform Work.
6. Distance Agreement: an Agreement concluded between Powersportcenter and a Consumer within the framework of an organized system for distance selling without simultaneous personal presence of Powersportcenter and the Consumer and whereby, up to and including the moment of conclusion of the Agreement, exclusive use is made of one or more means of distance communication, such as in the case of an Agreement concluded by a Consumer through the Webshop. An Agreement is therefore not a Distance Agreement if Powersportcenter does not use an organized system for distance contracting, for example if the Consumer looks up Powersportcenter's contact details on the internet or in a telephone directory and concludes an Agreement by telephone.
7. Webshop: www.powersportcenter.nl.
8. Products: the items to be sold and delivered by Powersportcenter to the Customer under an Agreement, which may include, but are not limited to, new and used quads, parts thereof, accessories, clothing and helmets.
9. Work: the work to be performed by Powersportcenter under an Agreement, which may include, but not exclusively, repair and maintenance work.
10. Written: communication in writing, communication by e-mail or any other means of communication that can be equated with this in view of the state of technology and prevailing social standards.

ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to every offer from Powersportcenter and every Agreement.
2. The applicability of any general terms and conditions of the Customer is expressly rejected.
3. Deviations from the provisions of these general terms and conditions can only be made expressly and in Writing. If and insofar as what Parties have expressly agreed in Writing deviates from the provisions of these general terms and conditions, what Parties have expressly agreed in Writing shall apply.
4. Annulment or nullity of one or more of the provisions from these general terms and conditions or the Agreement as such does not affect the validity of the other provisions. In such a case, Parties are obliged to enter into consultation with each other in order to arrange a replacement provision with regard to the affected provision. The purpose and intent of the original provision shall be observed as much as possible.

ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT

1. Every offer from Powersportcenter is non-binding and subject to sufficient availability of the offered Products and/or Work. Powersportcenter may still revoke its offer immediately, or as soon as possible after acceptance thereof by the Customer. If in such a case, for example in the context of an order in the Webshop, payment has already been made by the Customer, Powersportcenter will arrange for repayment as soon as possible.
2. Obvious errors, mistakes and clerical errors in an offer from Powersportcenter do not bind Powersportcenter.
3. The Customer cannot derive any rights from an offer from Powersportcenter that is based on incorrect or incomplete information provided by the Customer.
4. Every Agreement is concluded, without prejudice to the provisions of paragraph 1, at the moment that the offer of one Party is accepted by the other Party. An oral offer must be accepted immediately, failing which the offer expires.
5. If the Agreement is concluded through the Webshop, the conclusion of the Agreement, without prejudice to the provisions of paragraph 1, will be confirmed by Powersportcenter by e-mail as soon as possible.
6. An offer from Powersportcenter can only be accepted in full by the Customer, unless Powersportcenter indicates otherwise.
7. If Powersportcenter provides the Customer with a Written confirmation following an orally concluded Agreement, this confirmation is deemed to accurately and completely reflect the Agreement, unless the Customer has complained in Writing to Powersportcenter within two working days.
8. If the Customer enters into the Agreement on behalf of another natural or legal person, the Customer declares by entering into the Agreement to be authorized to do so. The Customer is jointly and severally liable alongside this (legal) person for fulfillment of the obligations under that Agreement.

ARTICLE 4. | RIGHT OF WITHDRAWAL FOR DISTANCE AGREEMENTS

1. Subject to the provisions of the remainder of this article, the Consumer may cancel the Distance Agreement up to 14 days after receipt of the Products, without giving reasons.
2. The Consumer has no right of withdrawal in case of:
   1. the delivery of Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
   2. the delivery of Products manufactured according to Consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person.
3. The Consumer may cancel the Distance Agreement by submitting a request to Powersportcenter by e-mail or by using the model form for withdrawal offered by Powersportcenter. As soon as possible after Powersportcenter has been informed of the Consumer's intention to cancel the Distance Agreement and if the conditions of this article have been met, Powersportcenter will confirm the cancellation of the Distance Agreement by e-mail.
4. During the period referred to in paragraph 1, the Consumer must handle the relevant Products and their packaging with care. The Consumer may only handle and inspect the Products to be returned to the extent necessary to assess the nature and characteristics of the Products. The starting point here is that the Consumer may only handle and inspect the Products as he would be allowed to do in a physical store.
5. If the Consumer exercises the right of withdrawal, he will return the Products to Powersportcenter undamaged, with all accessories supplied and in the original condition and packaging.
6. The Consumer is liable for depreciation of returned Products resulting from handling the Products in a way that goes beyond what is permitted under paragraph 4. Powersportcenter is entitled to charge this depreciation to the Consumer, whether or not by offsetting it against any payment already received from the Consumer.
7. Return of the Products to be returned must take place within 14 days after the Consumer has revoked the Distance Agreement in accordance with the provisions of paragraph 3.
8. If the Consumer exercises the right of withdrawal, the costs of returning the Products are for the account of the Consumer.
9. Powersportcenter will refund any payment already received from the Consumer, minus any depreciation, as soon as possible, but no later than 14 days after revocation of the Distance Agreement, provided that the relevant Products have been received back by Powersportcenter, or the Consumer has demonstrated that the Products have actually been returned. If the right of withdrawal is applied only with regard to part of the order, any delivery costs paid by the Consumer initially are not eligible for reimbursement.

ARTICLE 5. | CANCELLATION BY THE CUSTOMER OTHER THAN UNDER ARTICLE 4

If the Customer cancels the Agreement after its conclusion other than under Article 4, the Customer remains liable for the full agreed price and any additional costs already incurred.

ARTICLE 6. | OBLIGATIONS OF THE CUSTOMER IN GENERAL

The Customer warrants that he provides all information that is reasonably relevant for the design and execution of the Agreement to Powersportcenter in a timely, complete manner and in the manner prescribed by Powersportcenter, if applicable. The Customer guarantees the accuracy of this information. Furthermore, the Customer must always provide Powersportcenter with all cooperation required for the execution of the Agreement. The Customer takes all reasonable measures to optimize the execution of the Agreement.

ARTICLE 7. | SPECIAL PROVISIONS FOR WORK

1. Work is performed at Powersportcenter's location. The Customer ensures that the item on which the Work is to be performed is made available to Powersportcenter in a timely manner.
2. The Customer's item on which the Work has been performed must be collected by the Customer within a reasonable period after completion of the Work.
3. Powersportcenter has a right of retention against anyone who demands delivery of the Customer's item that Powersportcenter has in its possession in connection with the execution of the Agreement. Powersportcenter can also exercise the right of retention against the Customer for what is still owed to it in connection with any previous Agreements.
4. The Customer's item that Powersportcenter has in its possession in connection with the execution of the Agreement also serves as a pledge for all claims it has against the Customer.
5. Any parts replaced after execution of the Work become the property of Powersportcenter without the Customer being able to claim any compensation in this regard.

ARTICLE 8. | DEADLINES

1. Powersportcenter endeavors to comply with any execution and/or delivery deadlines to which Powersportcenter has committed itself to the Customer, but these deadlines are only indicative, non-fatal deadlines. Powersportcenter's default does not occur until the Customer has given Powersportcenter Written notice of default, in which notice of default a reasonable period for performance is stated, and Powersportcenter is still in default with performance after expiry of the latter period.
2. Default by Powersportcenter entitles the Customer to dissolution of that part of the Agreement to which the default relates, but never to additional compensation.

ARTICLE 9. | INSPECTION, COMPLAINTS AND WARRANTY FOR REPAIR WORK

1. If the repair work has been successfully performed in Powersportcenter's opinion, the Customer must immediately check whether the defect has been remedied upon return of the item to the Customer. If in the Customer's opinion the defect has not been remedied, the Customer must immediately notify Powersportcenter.
2. Warranty on the performed repair only applies if and insofar as this has been expressly agreed in Writing.
3. If within any expressly agreed Written warranty period there appears to be a shortcoming attributable to Powersportcenter in the performed repair work, Powersportcenter will perform the Work again free of charge. The Customer can invoke this if the Customer has complained to Powersportcenter within the applicable warranty period.
4. Even if the Customer complains in time, his obligation to pay Powersportcenter in a timely manner remains, except insofar as the law mandatorily prevents this for the benefit of the Consumer.

ARTICLE 10. | INSPECTION, COMPLAINTS, WARRANTY AND CONFORMITY FOR PRODUCT SALES

1. The Customer must check at the time of delivery, or immediately thereafter, whether the nature and quantity of the Products correspond to the Agreement. If in the Customer's opinion the nature and/or quantity of the Products do not correspond to the Agreement, he must immediately notify Powersportcenter. If the Products are delivered at Powersportcenter's location, the nature and quantity of the Products are deemed to correspond to the Agreement when the Products have been taken by the Customer.
2. Complaints regarding defects not reasonably visible or otherwise not identifiable at the time of delivery must be submitted to Powersportcenter in Writing within two working days after the Customer has become aware of the existence of the defect, or should reasonably have become aware.
3. Contrary to the provisions of the previous paragraphs of this article, a Consumer can no longer invoke that what was delivered in the context of a consumer purchase does not comply with the Agreement if the defect has not been reported to Powersportcenter within two months after discovery by the Consumer.
4. If the Customer does not complain in time and in accordance with the provisions of the previous paragraphs, no obligation arises for Powersportcenter from such a complaint by the Customer.
5. Even if the Customer complains in time, his obligation to pay Powersportcenter in a timely manner remains, except insofar as the law mandatorily prevents this for the benefit of the Consumer.
6. With regard to Products, the warranty is limited to any manufacturer's warranty that the manufacturer supplies with the Products, on the understanding that a warranty provided by Powersportcenter, manufacturer or importer does not affect the mandatory legal rights and claims that Consumers can assert against Powersportcenter in the context of a consumer purchase (conformity).
7. In case of an appeal to any manufacturer's warranty, settlement takes place in accordance with the applicable manufacturer's warranty conditions. Any costs that the manufacturer charges in connection with an appeal to the manufacturer's warranty, as well as any costs incurred by Powersportcenter in connection with mediation in an appeal to the manufacturer's warranty, are for the account of the Customer.
8. A claim based on non-conformity expires in any case if a defect in the delivered Product is the result of an external cause after delivery or another circumstance not attributable to Powersportcenter or its supplier. This includes, but is not limited to, defects resulting from external damage, natural wear and tear, incorrect or improper treatment, incorrect or improper use and making changes to the Products, including repairs not carried out with prior Written consent from Powersportcenter.
9. If the Consumer makes a valid claim for non-conformity, the Consumer is entitled to repair or replacement or supplementation of what is missing. No costs can be charged to the Consumer for exercising these rights. Powersportcenter will cooperate with the repair, replacement or supplementation of what is missing within a reasonable time. If repair, replacement or supplementation of what is missing is not possible, the Consumer is entitled to reasonable financial compensation, which however never exceeds the price that the Consumer paid Powersportcenter for the relevant Product.
10. If, on the basis of a consumer purchase between a Customer acting as a professional reseller and a consumer, a Product has been delivered that does not have the properties that the consumer could expect on the basis of the consumer purchase, this cannot be attributed to the Customer and the consumer has exercised his legal rights in this regard against the Customer, then the Customer has, regardless of any applicable manufacturer's warranty conditions, a right to compensation from Powersportcenter insofar as the Customer's compliance with his legal obligations to the consumer leads to more extensive damage for the Customer than that compensated under any applicable manufacturer's warranty conditions. The Customer is not entitled to this compensation if the deviation relates to facts that he knew or should have known, or if its cause lies in a circumstance that occurred after the Product was delivered to him. Furthermore, if the Product lacks a property that it possessed according to the Customer, the Customer's right to said compensation is limited to the amount he could have claimed if he had not made the commitment. Costs regarding defense against the consumer are only reimbursed insofar as they were reasonably incurred by the Customer. Furthermore, the Customer does not claim additional compensation if he knew or should have known about the defect of the Product and/or he has assured the consumer of the absence of the defect.

ARTICLE 11. | FORCE MAJEURE

1. Powersportcenter is not obliged to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it by law, legal act or generally accepted standards (force majeure). Force majeure is understood to mean, in addition to what is understood in this regard in legislation and case law, all external causes over which Powersportcenter has no influence and which make (further) execution of the Agreement impossible or seriously impede it, including shortcomings of the relevant supplier of Powersportcenter, epidemics, pandemics, transport restrictions, war and threat of war, riots, molestation and disruptions in communication connections.
2. If and insofar as the force majeure situation makes performance of the Agreement permanently impossible, Parties are entitled to dissolve the Agreement with immediate effect in whole or in part.
3. Damage arising as a result of force majeure is never eligible for compensation.

ARTICLE 12. | SUSPENSION AND DISSOLUTION

1. Powersportcenter is, if the circumstances of the case reasonably justify this, authorized to suspend the execution of the Agreement or to dissolve the Agreement with immediate effect in whole or in part, if and insofar as the Customer does not, not timely or not fully comply with his obligations under the Agreement, or if circumstances that have come to Powersportcenter's knowledge after conclusion of the Agreement give good reason to fear that the Customer will not fulfill his obligations. If the fulfillment of the Customer's obligations with regard to which he is in default or threatens to be in default is not permanently impossible, the authority to dissolve only arises after the Customer has been given Written notice of default by Powersportcenter, in which notice of default a reasonable period is stated within which the Customer can (still) fulfill his obligations and fulfillment has still failed after expiry of the latter period.
2. If the Customer is in a state of bankruptcy, has applied for (provisional) suspension of payment, any attachment has been levied on his assets or in cases where the Customer cannot otherwise freely dispose of his assets, Powersportcenter is entitled to dissolve the Agreement with immediate effect.
3. The Customer never claims any form of compensation in connection with the right of suspension or dissolution exercised by Powersportcenter on the basis of this article.
4. The Customer is obliged to compensate the damage that Powersportcenter suffers as a result of the suspension or dissolution of the Agreement.
5. If Powersportcenter dissolves the Agreement on the basis of this article, all claims against the Customer are immediately due and payable.

ARTICLE 13. | PRICES, COSTS & PAYMENTS

1. Before the Agreement is concluded, Powersportcenter states the total price and any additional costs to be reimbursed by the Customer to Powersportcenter, such as delivery costs.
2. Without prejudice to what may have been expressly agreed in Writing in this regard, Powersportcenter is entitled to demand that the amount owed by the Customer be paid in whole or in part by advance payment, on the understanding that Powersportcenter will not oblige a Consumer, in the context of a consumer purchase, to advance payment of more than 50% of the purchase price. However, if the Consumer has already opted for advance payment of more than half of the purchase price, he remains bound by this choice. Payment at the time of delivery is not regarded as advance payment.
3. Powersportcenter is not obliged to (further) execute the Agreement until the Customer has fulfilled all payment obligations to Powersportcenter that are incumbent on him and are already due. In accordance with the provisions of Article 12, Powersportcenter is also entitled in the event of payment default by the Customer to suspend the execution of the Agreement until the Customer has fully fulfilled his payment obligations.
4. Payments must be made in the manner indicated by Powersportcenter and at the time indicated by it or within the period stated by it. In case of transfer, Powersportcenter uses a standard payment term of seven days after invoice date, but may deviate from this in individual cases, such as in case of advance payment.
5. Payment must take place without any appeal to suspension or set-off, all this insofar as the law does not mandatorily prevent this for the benefit of the Consumer.
6. Powersportcenter is entitled to make the invoice due to the Customer available to him exclusively by e-mail.
7. If the Customer liquidates or transfers his business to a third party, is in a state of bankruptcy, has applied for (provisional) suspension of payment, any attachment has been levied on his assets, as well as in cases where the Customer cannot otherwise freely dispose of his assets, the claims against the Customer are immediately due and payable.
8. If timely payment is not made, the Customer's default occurs by operation of law. From the day that the Customer's default occurs, the Customer owes interest on the outstanding amount of 2% per month, whereby part of a month is counted as a full month. In deviation from the previous sentence, instead of the contractual interest referred to there, the statutory interest applicable at the time of payment default applies if the Customer is a Consumer.
9. All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Customer, are for the account of the Customer.

ARTICLE 14. | LIABILITY AND INDEMNIFICATION

1. The Customer bears the damage caused by inaccuracies or incompleteness in the information provided by him, any other shortcoming in the fulfillment of the Customer's obligations arising from the law or the Agreement, as well as another circumstance that cannot be attributed to Powersportcenter. Damage as a result of a circumstance as referred to above does not entitle the Customer to compensation or any other compensation from Powersportcenter.
2. Powersportcenter is never liable for indirect damage, including lost profits, lost profit and damage as a result of business stagnation.
3. Should Powersportcenter be liable for any damage, Powersportcenter always has the right to repair this damage. The Customer must give Powersportcenter the opportunity to do so, failing which any liability of Powersportcenter in this regard expires.
4. Powersportcenter's liability is limited to at most the proper performance of the Work, or repair or replacement of the Products to which Powersportcenter's liability relates. If repair or replacement is not possible, Powersportcenter's liability is limited to at most the invoice value of the Agreement, or at least that part of the Agreement to which Powersportcenter's liability relates.
5. Without prejudice to the expiry periods referred to in Articles 9 and 10, the limitation period for all legal claims against Powersportcenter is one year. In deviation from the previous sentence, legal claims accruing to Consumers that are based on facts that would justify the statement that a consumer purchase does not comply with the Agreement expire after two years.
6. In the case of a consumer purchase, the limitations of this article do not extend further than is permitted pursuant to Article 7:24 paragraph 2 of the Dutch Civil Code.
7. The Customer indemnifies Powersportcenter against any claims from third parties who suffer damage in connection with the execution of the Agreement and the cause of which is attributable to others than Powersportcenter. If Powersportcenter should be held liable by third parties on that basis, then the Customer is obliged to assist Powersportcenter both out of court and in court and to immediately do everything that may reasonably be expected of him in that case. Should the Customer fail to take adequate measures, then Powersportcenter is entitled, without notice of default, to do so itself. All costs and damage on the part of Powersportcenter and/or third parties resulting therefrom are entirely for the account and risk of the Customer.

ARTICLE 15. | GENERAL COMPLAINTS POLICY

1. Complaints submitted to Powersportcenter will be answered within a period of 14 days after receipt. If a complaint requires a longer processing time, a reply will be sent within the 14-day period with an acknowledgment of receipt and an indication of when the Customer can expect a more detailed answer.
2. If the complaint, in the context of a Distance Agreement, cannot be resolved by mutual agreement, the Consumer can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).

ARTICLE 16. | RETENTION OF TITLE

1. All Products delivered by Powersportcenter to the Customer remain its property until the Customer has fully fulfilled all his payment obligations under the Agreement, including any interest and costs.
2. The Customer is prohibited from selling, pledging or encumbering in any other way the Products subject to retention of title.
3. The Customer is obliged to keep the Products delivered under retention of title with the necessary care and as recognizable property of Powersportcenter.
4. If third parties seize the Products subject to Powersportcenter's retention of title, or wish to establish or assert rights thereon, the Customer is obliged to notify Powersportcenter as soon as possible.
5. In case of violation of the provisions of this article, the amount owed by the Customer to Powersportcenter becomes immediately and fully due and payable.
6. The Customer gives unconditional permission to Powersportcenter or third parties designated by Powersportcenter to enter all those places where the Products subject to retention of title are located. The Customer must provide Powersportcenter with all information upon first request in order to be able to exercise its ownership rights, with regard to a Customer not being a Consumer, on penalty of an immediately payable fine of € 500 per day that the Customer is in default and without Powersportcenter having to give the Customer notice of default. All reasonable costs related to the exercise of Powersportcenter's ownership rights are for the account of the Customer.
7. If the Customer, after the Products have been delivered to him by Powersportcenter, has fulfilled his obligations, the retention of title with regard to these Products revives if the Customer does not fulfill his obligations under a later concluded Agreement.

ARTICLE 17. | FINAL PROVISIONS

1. Powersportcenter is entitled to amend these general terms and conditions. In such a case, the Customer will be notified thereof, whereby the amended general terms and conditions will be provided to him and after which they will apply. In the case of a Consumer, amended general terms and conditions do not apply to an Agreement already concluded if and insofar as the amendments are to his disadvantage.
2. Every Agreement and all legal relationships arising therefrom between Parties are exclusively governed by Dutch law.
3. Parties will not appeal to the court until they have made optimal efforts to resolve the dispute by mutual agreement.
4. Exclusively the competent court within the district of the court of Overijssel is designated in the first instance to take cognizance of any legal disputes between Parties, without prejudice to Powersportcenter's right to designate another court competent according to law. However, a Consumer is entitled to choose the court competent according to law within one month after Powersportcenter has announced in Writing that it wishes to litigate before the court designated by it.